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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 14 · Page 21

Translation · EN

for governance, issuing fatwas, and other needs of theirs. His Companions would sometimes demand their rights from one another in the mosque, and they would sometimes raise their voices. It has been narrated from Ka'b ibn Malik that he said: "I demanded a debt from Ibn Abi Hadrad in the mosque until our voices were raised. The Prophet (peace and blessings of Allah be upon him) then came out and signaled to me to forgive half of my debt." I said, "Yes, O Messenger of Allah." He then said, "Stand up and pay him." (58) It is appropriate for his sitting place to be in the center of the town so that it is not too far for those seeking him. He should not appoint a gatekeeper to prevent people from reaching him, because al-Qasim ibn Mukhaymara narrated from Abu Maryam, a Companion of the Messenger of Allah (peace and blessings of Allah be upon him), that he said: I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: "Whoever is put in charge of any of the affairs of the people and closes his door to their needs, Allah will close the gates of heaven to his needs, requirements, and poverty." Recorded by al-Tirmidhi (59). This is also because a gatekeeper might prioritize the latecomer and delay the early arrival for his own purposes, and he might demoralize them by blocking them and requiring them to ask for permission. There is no harm in appointing a gatekeeper for places other than the court of judgment. Something should be spread out for him [to sit upon] (60), and he should not sit on the dirt or on the mosque mat, because that detracts from his dignity in the eyes of the disputants. He should orient his seating to face the qibla, for the best of assemblies (61) is that which faces the qibla. These etiquettes mentioned in this section are not a condition for the validity of a ruling, except (62) for the state of being free from anger and its likes, as there are two narrations regarding whether that is a prerequisite.

Notes

(58) Recorded by al-Bukhari, in: 'Chapter: Litigation and constant attendance in the mosque,' and 'Chapter: Raising one's voice in the mosques,' from the Book of Prayer; and in: 'Chapter: The speech of disputants with each other,' from the Book of Disputes; and in: 'Chapter: Reconciliation regarding debt and physical assets,' from the Book of Reconciliation. Sahih al-Bukhari 1/123, 124, 127, 3/160, 246. Muslim, in: 'Chapter: The recommendation to forgive part of a debt,' from the Book of Mu'amalat/Musaqat. Sahih Muslim 3/1192. Abu Dawood, in: 'Chapter: Regarding reconciliation,' from the Book of Judgments. Sunan Abi Dawood 2/273. Al-Nasa'i, in: 'Chapter: The ruling on a judge presiding from his house,' from the Book of Judges. Al-Mujtaba 8/210. Ibn Majah, in: 'Chapter: Imprisonment for debt and constant attendance,' from the Book of Sadaqat (Charity). Sunan Ibn Majah 2/811. Al-Darimi, in: 'Chapter: Regarding granting respite to the insolvent,' from the Book of Transactions. Sunan al-Darimi 2/261. Imam Ahmad, in: Al-Musnad 6/390. (59) In: 'Chapter: What has been narrated regarding the leader of the subjects,' from the chapters of legal rulings. 'Aridat al-Ahwadhi 6/74. It was also recorded by Abu Dawood, in: 'Chapter: What is required of the leader regarding the affairs of his subjects and blocking them,' from the Book of Leadership. Sunan Abi Dawood 2/122. Al-Bayhaqi, in: 'Chapter: What is recommended for the judge,' from the Book of the Judge's Etiquette. Al-Sunan al-Kubra 10/101, 102. (60) Omitted from: Manuscript M. (61) In the original: "the assembly."

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